Legal Opinion

Lauer v. City of New York

New York Court of Appeals

Decided May 16, 2000PublishedCited by 246 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

On this appeal we revisit a familiar subject: whether a member of the public can recover damages against a municipality for its employee’s negligence. Here we answer that question in the negative.

The Facts

Three-year-old Andrew Lauer died on August 7, 1993. That same day, Dr. Eddy Lilavois, a New York City Medical Examiner, performed an autopsy and prepared a report stating that the child’s death was a homicide caused by “blunt injuries” *98to the neck and brain. Although the report indicated that the brain was being preserved for further examination, the…

2Cases cited21 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
  3. Cuffy v. City of New YorkNew York Court of Appeals · 1987
  4. Pulka v. EdelmanNew York Court of Appeals · 1976
  5. De Long v. County of ErieNew York Court of Appeals · 1983

16 more not listed; retrieve them via the Exa API.

3Cited by246 opinions

  1. Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
  2. McLean v. City of New YorkNew York Court of Appeals · 2009
  3. Valdez v. City of New YorkNew York Court of Appeals · 2011
  4. Applewhite v. Accuhealth, Inc.New York Court of Appeals · 2013
  5. Doctor Fred L. Pasternack v. Laboratory Corporation of America HoldingsNew York Court of Appeals · 2016

241 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API